This chapter shall be known and may be cited as the "Borough of Downingtown Subdivision and Land Development Ordinance of 1990."
This chapter has been prepared in accordance with the Pennsylvania Municipalities Planning Code (Act 247, as amended, P.L. No. 170, enacted December 21, 1988[1]) and the Borough of Downingtown Comprehensive Plan for the following purposes:
A. 
To assure sites suitable for building purposes and human habitation.
B. 
To assist orderly, efficient, integrated and harmonious development of the Borough.
C. 
To coordinate proposed streets with existing streets or other proposed streets, parks or other features of the Borough.
D. 
To provide adequate open spaces for traffic, recreation, light and air and for the proper distribution of population.
E. 
To ensure coordination of subdivision and land development plans with Borough, intermunicipal, county and commonwealth improvement plans.
F. 
To prevent or eliminate damage to the environment and biosphere and to encourage productive and enjoyable harmony between man and his environment, consistent with the mandates of the National Environmental Policy Act of 1969 and Article 1, § 27 (the Environmental Amendment) of the Pennsylvania Constitution.
G. 
To secure equitable handling of all subdivision and land development plans by providing uniform procedures and standards.
H. 
To protect the social and economic stability of the Borough, and to conserve the value of land and buildings in the Borough.
I. 
To create conditions favorable to the health, safety and general welfare of the citizens of the Borough.
J. 
To promote the efficient and safe movement of pedestrians, bicycles, and other forms of transportation.
[Added 9-6-2017 by Ord. No. 2017-03]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The provisions of this chapter shall be held to be minimum requirements to meet the above-stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
From and after the effective date hereof, the Borough Council shall have the authority to regulate subdivision and land development within the Borough.
The Borough Council shall have the jurisdiction of subdivision and land development within the Borough limits. In order to aid the Borough Council in its consideration of subdivision and land development, the Borough Council hereby decrees that the Planning Commission of the Borough of Downingtown shall serve the following functions:
A. 
All plans, whether major or minor, upon submission to the duly authorized representative of the Borough shall be referred to the Planning Commission for review.
B. 
The Planning Commission shall make recommendations to the Borough Council concerning approval, disapproval, modification and/or conditions for approval of such plans.
C. 
The Planning Commissioner shall make recommendations to the Borough Council concerning the interpretation of the granting of modifications to provisions and standards of this chapter.